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Alternative report of the non governmental organizations to the state reports about the situation with the rights of the child in republic of macedonia

1.
Alternative report of the non-governmental
organizations to the state reports about the situation
with the rights of the child in the Republic of Macedonia
Building a culture of child participation – This project
is funded by the European Union
Skopje 2009

3.
Approach to the preparation of the Alternative Report
The Alternative Report of NGOs on the occasion of the Second
Periodical State Report to the Convention on Children's Rights and
the situation of Children’s Right until 2009, is prepared by the
National Alliance for Children's Rights - Republic of Macedonia NACR (non-formal Alliance established in 1997) as part of a
project activity of the First Children's Embassy in the World
MEGJASHI. For the needs to prepare the report in 2009, this
NACR was renewed and extended with new member organizations
and two coalitions (all of them are new, except for the Council for
Prevention of Juvenile Delinquency from Kavadarci and the First
Children’s Embassy in the World MEGJASHI).
21 civil society organizations and 2 coalitions of civil society
organizations took part in the process of preparation of the
Alternative Report:
1. Association for Democratic Initiative (ADI) - Gostivar
2. Association for Health Education and Research - HERA
- Skopje
3. Coalition All for Fair Trials - Skopje (a coalition of 17
NGOs)
4. Council for Prevention of Juvenile Delinquency –
Kavadarci
5. Center for Balkan Cooperation "LOJA" - Tetovo
6. Center for Civic Initiative - Prilep
7. Center for Human Rights and Conflict Resolution –
Skopje
8. Center for Sustainable Development Porta - Strumica
9. First Children's Embassy in the World Megjashi Skopje
10. Helsinki Committee for Human Rights of the Republic of
Macedonia - Skopje
11. HOPS Options for Healthy Life - Skopje
12. Humanitarian Association Mother - Kumanovo
13. Humanitarian and Charitable Association of Roma in
Macedonia Mesechina - Gostivar
2

8.
PROLOGUE
In front of you is the Alternative Report or the so called Shadow
Report, prepared by the National Alliance of Nongovernmental
Organizations for Children’s Rights.
The Convention on Children’s Rights (CCR) was adopted by the
General Assembly of the United Nations (UN) on November 20th,
1989, and was enacted on September 2nd, 1990. The rights outlined
in the CCR define the universal principles and norms on children’s
status.
Today, more than ever, it becomes clear that the
governments alone are not able to completely secure children’s
rights, without full participation of the society. In that direction,
NGOs play a fundamental role in the implementation of CCR. It is
an additional reason that made the CCR today a widely respected
international instrument, whose principles are accepted by almost
all countries. The Republic of Macedonia joined the CCR in
November 1993.
Aiming to improve the implementation of the CCR, developed were
special protocols. The countries that have ratified these protocols,
also report on their implementation. The Optional Protocol towards
the Convention on Children’s Rights in child trafficking, child
prostitution and child pornography was adopted in New York on
May 25th, 2000 and was ratified by the Republic of Macedonia on
October 17th, 2003. The Optional Protocol towards the Convention
on Children’s Rights on involvement of children in armed conflicts
was adopted in New York on May 25th, 2000 and was ratified by the
Republic of Macedonia on January 12th, 2004. According to Article
118 of the Constitution of the Republic of Macedonia: “The
international agreements, ratified in compliance with the
Constitution, are part of the internal legal order and cannot be
changed by a law”.
The first report on the conditions with children’s rights should be
submitted by the endorsing country no latter than two years after the
ratification of the Convention. Furthermore, reports are required on
7

9.
each five years, with a possibility for additional interim reports, if
that is needed. In 2007, the Republic of Macedonia submitted the
second periodic report for the CCR, while in 2008 it submitted the
Initial Reports for the optional protocols.
All reports are reviewed by the Committee on children’s rights of
the UN, which meets several times a year in Geneva. Once the
Committee receives the state reports, it than requires written
information by the nongovernmental and intergovernmental
organizations. For that purpose, NGOs throughout the world gather
in national alliances for protection of children’s rights (Macedonia
Alliance was established on November 13th, 1997, with a
headquarters at the Children’s Embassy Megjashi) to be able to
provide the best response to the requirements of the Committee. It is
requested from the national alliances to provide important and
confidential information in areas for which the state report does not
provide enough information, in areas which are not covered, or
areas which, in opinion of the members of the alliance, are covered,
but are not entirely accurate. Also, they should help the Committee
to create a clear picture on whether the reports present the real
situation of the children, and obtain alternative view for the
government’s report, set priorities and determine the key questions
to the governments.
During the preliminary session, the Committee on children’s rights
considers all important information received by the NGOs. Than, at
the plenary session, the Committee invites the government’s
representatives to respond to certain questions, but also invites one
to two representatives of the nongovernmental organizations. At the
end of the dialogue, the Committee prepares the final observations
and recommendations to the Government.
During the preliminary sessions, the members of the Committee
prepare a list of questions that are being submitted to the
governments. The governments are asked to respond to these
questions in writing. The role that NGOs have in this process is the
following: in the case if the situation in the country is serious, with a
risk of continuing and worsening, the nongovernmental alliance
8

10.
could ask for an emergency procedure by the Committee. The
Committee may visit the country or transfer the communication to
some other body within the UN, or ask for additional information on
the situation by the government. The government has time to
respond before the procedure of the Committee becomes public.
The Committee does not respond to individual cases.
In order to provide adequate response to the requirements of the
Committee for children’s rights, in fall of 2008, the First Children’s
Embassy in the World Megjashi started the implementation of the
project “Building culture of children’s participation”, within the
program for Protection and promotion of children’s rights. The
activities were directed towards more active inclusion in the process
of monitoring of children’s rights, not only by civil society
organizations, but also by children and youth, and their active
participation in creation of society issues in different areas in
children’s interest. In order to prepare a more comprehensive report,
Children’s Embassy Megjashi approached many organizations
active in different aspects of children’s rights to become involved in
the Alliance and jointly prepare the reports. Three trainings and
three workshops were conducted to strengthen the capacities of the
civil society organizations in monitoring and implementation of the
UN Convention on Children’s Rights, Optional Protocols and other
international instruments of importance for the protection of
children’s rights.
The whole process of preparation at the end resulted with the
alternative reports you have in front of you. They present the
sublimated observations of the Alliance members on the situation of
children’s rights in the Republic of Macedonia. It has not been an
easy task to prepare these reports. Besides the coordination of all
organizations, it was difficult to choose which are the things we
should alarm about the most, considering the numerous problems
pertaining to the implementation of children’s rights in the Republic
of Macedonia.
9

11.
We express our gratitude to the Delegation of the European Union
and UNICEF for their support in the process of preparation of these
reports.
Gordana Pirkovska Zmijanac
Program Manager and Founder
The First Children’s Embassy in the World Megjashi
10

12.
National alliance for Children’s Rights
Republic of Macedonia
Coordinated by the First Children’s Embassy in the World
MEGJASHI
1000 Skopje, Kosta Novakoviq 22 a, Macedonia
Тel. +389 2 2465 316; e-mail/fax +389 2 2463 900
info@childrensembassy.org.mk
www.childrensembassy.org.mk
ALTERNATIVE REPORT
of the nongovernmental organizations to the Second
Periodical Report of the Republic of Macedonia to the
Convention on Children’s Rights (from June 2007)
and the situation of the Children’s Rights in the
Republic of Macedonia until 2009
Skopje, 2009
11

13.
TABLE OF ACRONYMS
AID
GDP
CO
CPM
CP
EU
PC
CRC
P
CTP
Convention
182
PID
MOH
MOI
MOJ
MLSP
MOES
MECR
МANU
NGOs
NAP
NP
UN
ОECD
OPAC
OG
ОPSC
FCEWM
Adolescents Injecting Drugs
Gross Domestic Product
Citizens Organizations
Children’s Parliament of Macedonia
Children’s Parliament
European Union
Penal Code
Convention for the Rights of the Child
Penitentiary
Committee for Torture Prevention
Convention Concerning the Prohibition and
Immediate Action for the Elimination of the
Worst Forms of Child Labor
Persons that Inject Drugs
Ministry of Health
Ministry of Interior
Ministry of Justice
Ministry of Labor and Social Policy
Ministry of Education and Science
Multi-educative Cluster Research
Macedonian Academy of Sciences and Arts
Nongovernmental Organizations
National Action Plan
National Plan
Organization of the United Nations
Organization for Economic Cooperation and
Development
Optional Protocol on the involvement of children
in armed conflicts and acts
Nongovernmental Organization Open Gate
Facultative protocol on children trafficking,
children prostitution and children pornography
First Children’s Embassy in the World Megjashi
12

14.
RM
RIHP
CRD
SVR
STI
UNICEF
UNGAS
HERA
HOPS
CSW
Republic of Macedonia
Republic Institute for Health Protection
Council of Radio Diffusion
Department of the Interior Affairs
Sexually Transmitted Infections
United Nations Children Fund
Special session of the General Assembly of the
United Nations on HIV / AIDS
Association for Health Education and Research
Nongovernmental organization Options for
Healthy Life
Center for Social Work
13

15.
1. INTRODUCTION
1
The Republic of Macedonia (RM) in the recent years surpassed
many political and economic barriers, but from the perspective of
the children rights, the progress is limited. The records provided
within the Analysis of the situation with children in RM from
February 20081 argument that the situation of the children in
Macedonia gets worse in many ways, despite the stormy legislative
reforms and policy writing, children and their families, especially
poor children and poor families, miss the rights of quality health
care and education and the rights for participation and inclusion.
2
In preparing the initial report in 1996, the state consulted the civil
society organizations, but during the preparation of the second
periodical report in 2007 this consultation was left out.
3
In the second periodic report, the state does not provide picture of
the current situation with the children’s rights, of what it did, but
focuses on what it plans to do in the future. The entire report is
directed more at the legislative changes and what the legal norms
anticipate, and less or in certain parts not at all, they mention how
that legal provisions are implemented in practice.
4
Also, in the past few years not always were compatible the areas of
interest of the state with the implemented policies. Therefore, it
used to happen that for some cases certain intentions exist, while
other policies are developed, and different legislative solutions are
enacted. As an example, we would mention state’s intention to ease
the approach to children’s right of a name, by transferring the
competences from the Ministry of Interior (MOI) to the Ministry of
Justice. This intention was promoted publicly, but based on the
recent legislative changes, the registration of a child still remains
under the jurisdiction of the MOI, while the penalties for violation
are increased. This brings us to a conclusion that although
practically changes in the laws exist, they are not positive and may
result with de-motivation of the citizens.
1
UNICEF
14

16.
5
Frequent personnel changes within the public administration
indicate that the expertise and knowledge of people are not valued,
especially in the area of protection of children’s rights.
2. SUMMARY
6
This year, the Convention for Children’s Rights (CCR) celebrated
its 20th anniversary. Unfortunately, in the Republic of Macedonia,
despite the numerous efforts to improve children’s rights and the
numerous legal changes and amendments, still children rights are
not completely protected. In certain cases that is because of legal
omissions, but in some other cases, where good legal framework
exists, the omission is made during the implementation of the law.
7
The Alternative Report consists of numerous problems that
children in the Republic of Macedonia face with, as well as
recommendations for overcoming these problems. Above all, the
Report provides an overview of the condition and the need to work
in the area of ratification of all international documents which
provide protection of children’s rights, as well as completion of the
overall legal framework of the country. This includes the need of
ratification of the Convention of the Council of Europe on
protection of children from sexual exploitation and sexual abuse,
ratification of the Convention for protection of the rights of people
with special needs within the UN and adoption of the Law for
protection from discrimination, which will design measures that will
overcome all possible gaps and will leave no room for toleration of
any kind of discrimination. Also, it is needed to provide
amendments and changes of the current legal provisions which
regulate children’s rights, such as the need for amendments and
changes of the Family Law, Law for Social Protection, Law for
Children’s Protection and other laws. Also, one of the most
important recommendations of the Alternative Report, elaborated
further in details, is creation of children’s ombudsman, as a separate
institution which will be completely dedicated to protection of
children’s rights.
15

17.
8
Besides the general problems and recommendations included in
the report, it also covers many specific problems, which if
overcame, will directly influence the level of protection and
realization of children’s rights.
3. GENERAL MEASURES OF IMPLEMENTATION
3.1 Legal framework
9
As part of the process of European integration, the legal
framework is constantly being changed. These changes are frequent
and fast and being made without any previous analysis of the
situation and determining the actual needs. There is no established
system for monitoring of the implementation of the laws, nor do we
have information that analysis are made on the financial
implications of the implementation of the law. To illustrate this, we
will mention the changes and amendments of several laws, such as
the Family Law, Law on Social Protection, Penal Code, Law on
Protection of Children, Law on Primary Education, Law on High
School Education, enactment of the Law on Juvenile Justice etc.
10
In 2009, the amendments to the Law on Protection of Children
were adopted. This law, instead of being restricted only to the
narrow treatment of children’s rights, deals with issues in the area of
working relations, organization of kindergartens, court protection
and court competences, social sphere, nondiscrimination etc. This
creates confusion to the citizens, which is indeed opposite of the
intention of the proposed changes, which aimed at increased
protection of children’s rights in a clear and concisely defined
procedure.
11
With these amendments it is proposed to add a new article which
will ensure the right of a child to express his/her personal opinion in
accordance with the established procedures and the law, without
précising which is that procedure, before which institution and
under which law?! Such a solution is absolutely inapplicable in
practice and it is immediately condemned to receive the epithet
16

18.
“dead words on paper” rather than being an improvement of
children’s rights.
12
Regarding the definition of the term child, the draft amendments
offer quite an unfortunate solution, that provoked reactions by the
experts present, when as a “child” is considered a person up to the
age of 18 years, but “the individual with physical and mental
disabilities will be considered a child up to 26 years”?! It is unclear
why such shocking definition is offered when the domestic
legislation recognizes a procedure for determining non-ability,
which is being decided only by a judicial authority.
13
Further on, proposed is a set of new articles related to protection
of children from discrimination. Even if we omit the dilemma why
discrimination is regulated separately in this law, when the adoption
of anti-discrimination law is under procedure, still the prevailing
expert opinion is that the offered changes create more confusion
than they really protect the children.
14
Thus in the same article it regulates the ban of discrimination
along with different kinds of other prohibitions (religious
association, use of narcotic drugs, military actions etc.), to finally
leave the possibility that each citizen can notify before the
competent authority any form of discrimination. Again logically is
imposed the question which is the institution where citizens can
make statements and in which procedure?!
15
Although the citizens can make a statement of any form of
discrimination, however, individual definitions of direct and indirect
discrimination relate only to some cases of discrimination, such as
ethnic, racial or other belonging!
16
Also, the law regulates that the ex-officio discrimination is a
reason for disciplinary liability and redirects that the protection is
provided through administrative proceedings. But, in the next article
it defines the types of lawsuits that may be brought in civil court
proceedings?!
17

19.
17
Not less unfortunate are the proposed changes in the
misdemeanor provisions, stressed by one of the experts who worked
on the Law. Namely, they regulate equal or higher fines for an
administrative misdemeanor compared to psychological or physical
harassment, punishment or other inhuman action or abuse of
children.
18
The example bellow illustrates how the attitudes about children
rights have negative impact on the effective implementation of the
Convention.
EXAMPLE 1:
A child who declared domestic violence has been imposed to educational
measure reinforced supervision by the parents under control of the social
authority because the Center estimated that ”...the family has a potential to
take care of the juvenile, the juvenile is at home, with the whole family
and they are regularly working on overcoming the conflict…”. The
medical check (made one year after the registration of the case) showed
that the child is being constantly sexually abused by several people (one of
which could be the father of the child) and he was prescribed a therapy
with tablets “Diazepam” under parents’ supervision. After this measure
the child attempted to commit a suicide.
Recommendation 1:
Urgent changes of the Law for Protection of Children.
3.2 State coordination
19
Regarding the work of the courts and the public prosecutors, we
have to point out that none of these institutions in their work uses
the Convention for Protection of Children. Even there are cases
where they explain that the legal provisions are stronger than the
Convention and therefore they can not directly implement it. As an
example we will mention a case in the Basic Public Prosecution in
Stip and the Basic Court in Stip, where a criminal charge from the
aggrieved party was rejected for a criminal charges “sexual attack
over a child”, using the argument that, in accordance with the Penal
18

20.
Code of the Republic of Macedonia, as a child is considered a
person until age of 14 years.
20
It has to be mentioned that the supervision over the work of
Centers for Social Work (CSW), according to the Law for Social
Protection is responsibility of the Ministry for Labor and Social
Policy (MLSP). Unfortunately, although legal regulation exists for
the activities that this Ministry can undertake in cases of illegitimate
actions by the Centers, the Ministry rarely reacts with concrete
activities for protection of their rights.
EXAMPLE 2:
It is unallowable that the MLSP, who has so many authority and
competences, and above all AN OBLIGATION TO TAKE CARE FOR
CHILDREN’S RIGHTS, after our reaction on a concrete case that
violation exist from certain subjects over the children’s rights, to provide
explanation that the case is closed because of the lack of evidences that
could prove that the person has done the crime and they have not found
any kind of harassment. On the other hand, the State Educational
Inspectorate (who carried out inquiries in the school) determined that
“suspicion exists that the educator made physical and psychological
harassment on children from the dormitory”, recommended that the
educator should be removed from his working position and against him
should be started a misdemeanor proceeding, while he in same time has
proposed an criminal offense against the educator to the Basic Public
Prosecution.
3.3 National Action Plan: implementation, coordination and
evaluation
21
Because of the concern that no mechanism responsible for
coordination and assessment of the implementation of the
Convention exist, the Committee has recommended that the state
transfers the key responsibility for coordination and assessment of
the implementation of the Convention to a single mechanism.
22
The Republic of Macedonia adopted National Action Plan (NAP)
for children (2006-2015), which emphasizes that its adoption is
aimed to strengthen the role of the children and to give absolute
19

21.
priority to their rights and interests, while the implementation of the
Plan, in all its phases, requires necessary involvement of all relevant
factors and available resources from the governmental and
nongovernmental sector in the country.
23
But, during the adoption of the National Plan (NP) and
determining the activities that have to be undertaken in order to
protect children’s rights, it was forgotten about the participation of
children and they were not at all involved in the procedure for
adopting the plan.
24
In 2007, was established the National Commission for the
children’s rights, aiming to strengthen the implementation of the
Plan.
3.4 Independent Monitoring Structures
25
The Government of the RM, following the recommendations of
the Committee for children’s rights of the UN, at the 28th session
held on May 5th, 2005, made a decision for establishing of the
National Commission for development and implementation of the
NAP for children in RM.
26
Aiming on increasing the credibility of the National Commission
and provide it wider authority in performing its functions, the
Government of RM, at the session held on September 17th, 2007,
made a new decision for establishing a National Commission for
children’s rights in RM. In accordance with this decision, the
coordination role is given to the Secretary General of the
Government, while the members of the Commission from the other
ministries and other institutions come from the management civil
servants with a title State Councilor. The ombudsman of the RM, in
charge for children’s rights, UNICEF and citizens associations: First
Children’s Embassy in the World - MEGASI and the Children’s
Parliament of Macedonia, also are members of the National
Commission.
20

22.
27
The work of the Commission’s does not include representatives
of the decentralized government, despite the fact that many of the
obligations are related to municipal’s activities.
28
The role of this Commission is narrowed to arranging certain
activities which are not priority of the Commission, such as
preparation of a brochure for children’s rights. The Commission for
the preparation of this brochure held four sessions instead of
defining the actual situation of children’s rights and reacting to
institutions regarding the implementation of the Convention.
29
Commission’s report is not available to the public. The report for
2008 discovered by FCEWM and the Children’s Parliament, only
provides claims within the scope of the work of the ministries,
without locating the problems that children in the country face and
recommendations to overcome them. These reports are sent to the
government and end up without any further action steps. Thus, the
Commission is put in a role of protector of the state instead to
monitor the implementation of children's rights. The Commission
has a very small budget, and it is clear that no specific policies and
plans exist for implementation of specific issues related to children.
30
Furthermore, the structure of the National Commission is in
conflict with the provisions of the Convention because it gives the
right of participation to FCEWM and the Children’s Parliament,
child experts and other professional and scientific institutions in this
area, but they have no right to decide. Also, children do not
participate in the National Commission.
31
We believe that regardless that the Commission on children’s
rights raises the level of participation of state councilors and
provided obligation to monitor the implementation of the
Convention, and promote the National Plan, it is not appropriate to
perform the function as an observer, because it also has the roles of
a legislative drafting, implementation and monitoring. Moreover,
this Commission includes only two civil society organizations that
participate in the discussions on the implementation of the
Convention and the promotion of the Action Plan, but without the
21

23.
right to decide. It should be emphasized that in reality the
affirmative role of the Commission is very weak, almost invisible.
32
Regarding the National Action Plan, evident is a lack of precise
definition regarding the principles, meaning how the Action Plan is
implementing in line with the principles (in particular we refer to
the principle of children participation).
Recommendation 2:
Greater independence and transparency of the National Commission
Active involvement of children in the work of the Commission
Increasing the number of NGOs participating in the work of the
National Commission and giving the right to the NGOs to decide
3.5 National human rights institutions
33
Regarding the Ombudsman, the NGOs concluded that there is
bigger motivation and cooperation with this institution, but
recommended is increasing of its competences. It is needed to
improve and staff the department that works on protection of
children’s rights, and above all, specialize it in only this area
(ombudsman who works on protection of children’s rights, also
works in other areas, such as health, etc...)
34
Although FCEWM since 1996 advocated for the creation of a
separate institution Children's Ombudsman, this institution was
reduced only at a level of one deputy Ombudsman. Although the
Government in its report provides information on "Children's
Ombudsman and his work”, we must stress that this is a separate
department dealing with children's rights, but the Deputy
Ombudsman who works on children’s rights, also works on health
cases and other thematic areas.
35
Children's Ombudsman should have the authority to perform
investigations, to raise charges, to lead procedures and monitor the
final outcome of the procedure.
22

24.
36
Regarding the existence of a Department for protection of
children’s rights within the Ombudsman institution, we believe that
there is a need for increasing the awareness on the existence of this
department, targeting children, but also parents and schools.
37
Also, we would like to emphasize the fact that there is legal
opportunity and obligation to report crimes: Article 142 2 of the
Criminal Code provides that public authorities, institutions that
perform public competences and other legal entities are obliged to
report criminal acts which are prosecuted ex officio, for which they
are being notified or find out in other way.
38
Based on the data available to the Coalition, the Ombudsman
during all these years has made 2 to 3 charges. In none of the cases
that we, the members of the coalition have, the Ombudsman has not
filed criminal charge in direction of protecting the rights of children.
After his passivity, NGOs are forced to independently file criminal
charges to the Public Prosecution.
Recommendation 3:
Establish Children's Ombudsman as a special separated institution
which will be fully committed to protection of children’s rights.
3.6 Budget allocations for children
39
Despite the positive trends in the budgets and expenditures in
certain areas (such as funds aimed for the education sector and
2
Article 142
(1) State authorities, institutions that make public competences and other legal subjects are
obliged to report criminal acts for that are to be pursuit ex-officio, for which are informed or will find
out in a different manner.
(2) By filing a claim, the reporters from the paragraph 1 of this article will state the
evidences that they are aware of and will undertake measures to keep the probes of that criminal act,
the objects over which it is done or which were used while commiting the crime and other evidences.
(3) Everyone is obliged to report the criminal act for whhich ex-officio pursuit is
anticipated.
(4) The Law determines the cases in which the non-reporting of a criminal act constitutes
criminal act.
23

25.
health prevention), in other areas the Report prepared by UNICEF3
determined insufficient budget attention. According to the
experience of the NGOs that participated in the preparation of this
report, and based on the review of public expenditures intended for
children, February 2009 UNICEF, the areas requiring attention are
as follows:
40
Education
• A significant part of the increased funds for the education sector is
canalized in two main government programs: compulsory secondary
education and the project Computer for every child. Investments in
other dimensions of quality of education (such as assets for the
Bureau for Development of Education for development of curricula
and teacher trainings, or investments in construction of school
buildings and their reconstruction) are increased, but not with the
same rate.
Considering the weak educational outcomes of students (especially
basic literacy), it seems that it is important to provide more
significant funding to the essential components of the quality of
education.
• Early childhood development (through financing the pre-school
centers and centres for child care) is not sufficiently funded,
especially considering the great return of investments in early
childhood development and their importance for the child’s
development. Despite all the funds allocated for education, which
are above the average of the Organization for Economic
Cooperation and Development (OECD), the assets dedicated for
early childhood development are significantly under the average of
the OECD.
• Although there are special funds dedicated for education and
development of Roma children, these funds are insignificant as a
share in the significant needs of investments for promotion of child.
3
Reiew of the public expenditures allocated for children, February 2009, UNICEF
24

26.
• There is no appropriate budget attention for education which will
promote inclusion of all, especially children with special needs and
Roma children.
41
Social Protection
• The funds allocated for the Centers for Social Work are very small
and are estimated as insufficient for their work, especially taking
into consideration the huge responsibilities that they are in charge
of.
42
Participation of the Civil Society
.
• The promotion of engagement and active participation of the civil
society in monitoring the budget and service provision leads to more
effective service provision and more adequate usage of funds.
43
The existing budgets do not correspond to current and future
conditions for implementation of children's rights. The budgets of
the ministries do not anticipate regulations which will allocate
specific funds for children and determining exactly how much of the
budget is strictly allocated for children.
Recommendation 4:
Creation of a separate budget item with specified percentage that
will be intended for children - Children's Budget.
Increasing the overview over the funds that are directly allocated for
children
3.7 Records keeping, collection and selection of data
44
As it can be seen from the Analysis of children in the Republic of
Macedonia,4 there is a lack of quality, routinely collected data,
divided at least by age, sex, education and economic status.
Progress is achieved in terms of collecting social statistic data,
through the development of the project for Development
4
UNICEF 2008
25

27.
Information and through the statistical literacy project, within the
State’s Statistical Office, but still much remains to be done in this
field.
45
The cooperation between those who provide data sometimes is
disrupted due to a competition inside, within the departments, while
the lack of coordination between ministries prevents the
accumulation of data and creation of working systems that meet the
minimum requirements for a package of national data.
46
Not much could be said about the data in the health, education
and social sector, because they are not always collected routinely,
and in some cases they simply do not exist. Data on the national
level are collected routinely by the Ministry of Health, Ministry of
Economy and Ministry of Transport and Connections, but, above
all, they are partial, and sometimes not objectively presented.
47
The Ministry of Labor and Social Policy, with its numerous
departments, faces a similar problem in collecting data and
monitoring of programs. For example, the Centers for Social Work
do not collect routine date for different individuals, which could be
used for analysis at the central level. Also, the monitoring and
evaluation of programs are constantly being neglected, which
inadvertently leads to protection of non-ethnic or illegal transactions
and obstructs the sector’s reforms.
48
From the experience of the NGOs which worked on this report
notable is the absence of a system for record keeping, collection and
selection of statistical data at the Centers or Social Work,
municipalities, schools and other public institutions in this area of
interest. Entirely lacking is the record keeping for children victims
of criminal acts which should be prepared by the Ministry of Labor
and Social Policy, in cooperation with the Centers for Social Work.
The Centers manage accurate and continuous records only for users
of social benefits package, but not for victims.
49
To create a comprehensive picture on the situation with children’s
rights, in a direction of providing better quality in protecting
26

28.
children’s rights, needed is continuous record keeping on the
number of children victims, by defining the type of abuse and the
concrete type of violation of children’s rights. In addition, the
official statistics for people with special needs (children with special
needs) does not provide for a real picture, since the number of
children is determined according to the type of special needs and the
way their rights are achieved. Still, it is planned that the next census
in 2011 will provide such statistics.
50
Regarding the statistics related to the people, children in risk
(street children, victims of human trafficking, victims of domestic
violence, victims of pedophilia, etc.) it is noticeable that there are
positive implications to determine the precise number of such
children. No records exist on children who are excluded from the
education system.
Recommendation 5:
Strengthening of the systems for data collection and data analyzing
on national and local level, to promote evidence-based policy
making.
3.8 Cooperation
a) Cooperation with the civil society sector
51
Individual cases exist of cooperation of the Government with
NGOs in the past 2-3 years. This cooperation is aggravated by the
slow government administration and the bureaucratic procedures.
52
A positive example of the cooperation of the Government with
NGOs presents the development of the National Action Plan against
pedophilia and the implementation of part of the activities of this
strategy directly by the civil society organizations, besides the state
organs.
53
The total budget entitled for civil society organizations of 15
million denars, is being granted by the Government at the end of the
year, without predetermined criteria. For these funds, NGOs apply
27

29.
at the beginning of the year and until the end of the year do not have
information whether they will be selected to implement the actions
they have planned to implement throughout the year.
54
Based on the analysis of 2008, the Government decided that only
5% of these funds will be allocated for NGOs that take care for
children’s rights or work with children. 70-80% of the NGOs who
receive funding are unknown to the public, while 90% of them do
not submit annual reports or auditor’s opinions, which will be
publicly presented. Of a total of 6000 registered NGOs, only 80
receive funding and suspicion exist that these NGOs are connected
to the Government.
55
The Government does not take into consideration the role of its
Unit for cooperation with NGOs and their endeavors to spend the
budget funds in a transparent and accountable manner, by defined
criteria for distribution of the budget finds planned for civil society
organizations. Such cooperation maybe exists formally, but the fact
that this Coalition is not familiar with any cooperation of this kind is
self-explanatory for the real situation and its transparency.
b) International cooperation
56
Regarding the international cooperation of the Republic of
Macedonia with other countries in the area of protection of
children’s rights, unfortunately, we have to note that either it does
not exist at all or there is no transparency on the international
cooperation, since the lack of public information on such
cooperation is obvious.
Recommendation 6:
 Inter-parliamentary cooperation among the countries that have
ratified the Convention
 Cooperation among the governments of the countries that have
ratified the Convention
 Targeted and continuous cooperation of the Government and the
nongovernmental organizations with the international
organizations and donors
28

30.



Cooperation among the civil society organizations that work in
the area of children’s rights and the Government
The Government to develop criteria for the conditions for equal
financing of the NGOs that work on protection of children’s
rights, who practice children’s participation and respect
children’s opinion, as well as increasing of the funds granted to
NGOs that work with children
Transparent access to the funds of all Ministries allocated for
NGOs
3.9 Spreading of the Convention for Children’s Rights, training
and education
57
As for the level of information on the existence of the Convention
and the rights it anticipates, it has to be noted that it is very low at
all levels-in the state institutions, local self-governments, schools,
parents, media, as well as for the civil servants who implement the
Convention.
58
The research5 showed that the level of familiarity of the children
with the Convention is not very high. Namely, Macedonia ratified
the Convention in 1993 and took a responsibility for its wider
dissemination (spreading). Although as part of the compulsory
curriculum of the third grade students learn about children’s rights
within the subject Introduction to the Environment and in the
seventh grade through the subject Civil Society, the percentage of
students who are not familiar with the children’s rights is high. The
research data are presented in the table below. In case the sum of
percentages exceeds 100%, then the respondent answered more than
one option.
5
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
29

31.
QUESTION
Are you familiar with the children’s
rights?
Which children’s rights are familiar
to you?
Have you heard about the
Convention for Children’s Rights?
What are your sources for getting
information on children’s rights?
RESPONSE
31,21% NO
Over 70% did not respond to this
question
53% YES
38,5% NO
68,9% from school
46,5% from television stations
39,1% from home
28,9% through internet
25,6% magazines
10,2% civil society organizations
Where have you heard about the
61,2% from school
Convention for Children’s Rights?
60,7% from the media
42,6% through internet
33,3 % from home
21,3% the website of the First
Children’s Embassy in the World
21,1% from the civil society
organizations
When some of your rights was 65% NO
violated, did you turn to your
school?
To whom did you turn when your 49,7% to the parents
right was violated?
13,5% to the police
9,1% to the school
Who
is
responsible
to 71,2% the state
guarantee/provide the children’s 68,3% family
rights?
46,8% school
19,6% civil society organizations
According to your opinion, do 82,5% YES
children’s rights also include
responsibilities?
According to your opinion, what is a 63,9% to fulfill my own
responsibility?
responsibilities
61,8% to respect others
46,8% to respect other people’s
rights
20,2% to advocate for respecting
other people’s rights
Table 1: Data from the research on the familiarity with children’s rights
30

32.
59
The First Children’s Embassy in the World Megjashi, published a
press-release6 regarding the research7 stating that over 70% of the
school children are not familiar with their rights, while the rest are
aware that they possess rights, but do not have detailed information
about them. Even when the children know that some of their rights
is being violated, they do not know where to go to protect that right.
It is an interesting figure, that although the children know the most
about children’s rights from school, if their right is being violated,
even 65% of them would not turn to the school for help. This
conclusion presents a serious problem and opens the question: how
children would advocate for their rights if they are not familiar with
these rights and if they are not being protected by the institutions
where they spend most of their time during the day? The children
identify the state and the family as securers of their rights and are
aware that their also include their responsibilities.
60
Within its competences, the Government undertakes measures for
inclusion of children in all spheres of life, especially within the
education and social work, and develops forms for prevention of
domestic violence. But, there is no regulation for employment of
defectologists to fully implement the concept of inclusion. Attempts
exist to provide education for teachers to develop sensitivity to work
with children with disabilities, but the need for defectologists
remains a necessity.
61
In order to prevent and detect family violence and worst forms of
abuse, it is needed to include social workers in the education
process, who will monitor the situation with the dysfunctional
families of the students since the earliest age.
62
The professional personnel employed at the Centers for Social
Work includes social workers, psychologists, sociologists and
lawyers. But, the data from the Study prepared by UNICEF in 2007
on children’s poverty indicated that only 18 of the Centers for
6
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
7
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
31

33.
Social Work throughout the country have complete professional
team to perform their function, while the others work with either no
or very limited number of people, who are professionally qualified
personnel.
63
The lack of trained personnel is a reason for huge concern and has
serious implications on the quality of protective services provided.
In the past few years, the professionals employed at the Centers for
Social Work received certain trainings, but still evident is a huge
gap in the professional knowledge and skills. The professionals
involved in the sector of social services continue to stress the need
for development and efficient implementation of standards and
protocols for children care. In this regard, increasing the number of
personnel and strengthening of the institutional capacities of the
Centers for Social Work, will significantly contribute towards
increasing the efficiency in providing better services.
64
According to the research conducted by FCEWM, over 40% of
the children respondents where hit by a family member, while
around 30% were verbally hurt.
Recommendation 7:

Regular training of state institutions, local self-governments,
schools, parents, media, civil servants who implement the
Convention for Children’s Rights

Printing and distribution of the Convention for Children’s
Rights in multiple languages

More visible campaigns for increasing the awareness on the
importance of the Convention for Children’s Rights
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34.
4. DEFINITION OF CHILD
65
There is no particular definition for juvenile in the Juvenile
Justice Law.8. The legislation is applying a complex approach by
using several diverse terms in lieu of foreseeing, as it is according
the law on juvenile protection that juvenile is a person under age of
18, and then perform the scaling of the terms based on the age of the
child. In this law, as well as in other laws regulating children rights,
there is no atonement of the terminology and we are coming across
these terms: child, juvenile, juvenile person, person that is not adult.
66
Unlike the guaranteed legal protection during court proceedings,
regardless of the consent of the parent/guardian, Macedonian
legislation doesn’t foresee the option of rights from the area of
health protection respectively medical consulting (the child
respectively the juvenile cannot affect the doctor’s decision to
announce information regarding the health condition of the parents).
8
Article 12
Certain terms and expressions used in this Law shall have the following meaning:
- juvenile is any person under the age of 18, which under the Convention on the Rights of the Child is
considered a child;
- child at risk is a juvenile who at the time of execution of the act, which is considered by law as
criminal act or offense, has turned seven years old but not turned fourteen years old; child at risk is
considered a juvenile until the age of fourteen as well – addicted to use of drugs, psychotropic
substances or alcohol, child with disabilities, child – victim of violence and educational and socially
neglected child which is in a such situation that achieving the educational function of the family or the
child is not included in the system of education or has resorted to begging, wandering or prostitution,
which due to these conditions is or may come into conflict with the law;
- younger juvenile is a juvenile who at the time of execution of the action as specified by law as a
crime or offense had turned 14 years old, and had not turned 16 years old;
- younger juvenile at risk is a person who at the time of execution of the act specified by law as crime,
for which fine, imprisonment up to three years or misdemeanor is prescribed, has turned 14 but not 16
years old or who is addicted to the use of drugs, psychotropic substances or alcohol, child with
disabilities, and educational and socially neglected child which is in a such situation that achieving the
educational function of the family or the child is aggravated or impossible, which due to these
conditions is or may come into conflict with the law;
- older juvenile is a juvenile who at the time of execution of the act that by law is characterized as a
crime or offense, has turned 16 years and not 18 years old;
- older juvenile at risk is a juvenile who at the time of execution of the act characterized by law as
criminal act, for which fine, imprisonment up to three years or misdemeanor is prescribed, has turned
16 but not 18 years old, who is addicted to the use of drugs, psychotropic substances or alcohol, child
with disabilities, and educational and socially neglected child which is in a such situation that
achieving the educational function of the family or the child is aggravated or impossible, which due to
these conditions is or may come into conflict with the law;
- younger adult person is a person who at the time of arbitration has turned18, but not 21 years old;
33

35.
Surgery or medical interventions on juvenile person are conducted
upon consent of the parent/guardian, and in emergencies upon a
decision of at least two medical doctors who are specialists in the
respective medical surgery branch.
67
With regard to the definition of child, we have to mention that
according to Criminal Code of 1996 there was no particular
definition on the age of the child victim of criminal act and based on
a misleading analogy the article dealing with children perpetrators
of criminal acts, respectively article 71 was being implemented,
according to which no criminal sanctions can be performed on a
juvenile who has not reached the age of 14 (child).
68
By 2008 there were several cases where the victim was a child
that just turned 14, but when criminal charges were filed to the
Public Prosecution for the crime of "Sexual assault on a child" the
received response was that the person with the age of 14 years is not
a child and therefore criminal charges were rejected and the
perpetrators were convicted for the crime of "Mediation in the
exercise of prostitution”
69
In the Criminal Code ("Official Gazette of Republic of
Macedonia” no. 37/96, 80/99, 4/2002, 43/2003, 19/2004 and
73/2006), in Article 122 after paragraph (19), four new paragraphs
are added (20) , (21), (22) and (23), as follows:
„(20) Victim of a criminal act shall mean any person who has
suffered damage, including physical or mental injury, emotional
suffering, property loss or other injury or his basic rights and
freedoms are endangered as a result of a committed criminal act.
Child victim of criminal act shall mean a juvenile under age of 18.
70
Unfortunately, in the period between 1996 to 2008 the rights of
many children aged between 14 and 18 years were violated, who
were victims of a crime, but were refused by the national authorities
on the grounds that they are not children.
71
After the recent amendments to the Law on Secondary Education,
which provides for compulsory secondary education, the need to
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36.
regulate employment of children over 15 years old according to the
obligation for secondary education, i.e. the work of the children not
to interfere with their regular education, arose.
72
In terms of the consent for entry into sexual relations, the
Criminal Code stipulates that by 16 years old the juvenile is not
sufficiently mature to be able to agree to enter into sexual relations.
By age of 16 years old even parents cannot give consent, or allow
their child to live in extramarital union. They will be punished for
the crime under Article 197 Extramarital life with a juvenile and the
person who has entered in sexual relations with a juvenile who has
not turned 16 years old and for parents who allow extramarital life
of the juvenile. Provisions under which only a juvenile who has
turned 16 years old may require permission from the court for
marriage are in accordance with this.
Recommendation 8:
 Terminological harmonization of the legislation with the CRC
and use of the term child for person up to 18 years old
 To harmonize the Labour Law for the occasional work of
children in order not to interfere with the regular education but
develop work habits
5. GENERAL PRINCIPLES
5.1 Equality and Non-Discrimination (Article 2)
73
In many of the laws it is mentioned that discrimination is
prohibited, but the implementation of these provisions is not there.
As of 01.01.2010, Article 7 from the Law on Amendments and
Supplementation to the Law on Protection of Children is enacted,
but the problem with the procedure which would determine
discrimination remains. In one article legislator is referring to
administrative procedure, and on the next one already is giving the
right to file complaint to the competent court.
35

37.
74
RM has not yet adopted the Law on protection and prevention of
discrimination, although it is one of the political criteria for securing
full membership of Macedonia in the EU.
75
Therefore adoption of such a law is recommended as soon as
possible, and the Research Report had proven the same: Barometer
on equal opportunities under which most represented with 75% is
discrimination based on political party affiliation, followed by
discrimination on ethnic background, and then age discrimination
based on which among other categories, children are included as
well.9
76
Discrimination is present at many levels, but here we would refer
to only a few of them:
 Children with disabilities are victims of discrimination on
many grounds. Children with disabilities in the psychophysical development are facing rejection from their
families, schools and wider society. There are cases where
children with disabilities are victims of physical and sexual
abuse. Access to these children is often primitive and
inadequate, which further contributes to the extension of
social intolerance and discrimination
 Other vulnerable groups (Roma, members of smaller ethnic
groups) have impaired access to basic health care and
education, which is mostly due to poverty and other social
problems that they are facing
 The practice continues with some schools in primary
education in several cities where Roma children who do not
speak satisfactorily Macedonian language, children of severe
social cases are enrolled in special classes. In most cases
these are Roma children who do not belong there, thus
allowing segregation and lower valuation of Roma children,
who are further limited in their progress
 The latest case of segregation of Roma children went public
in 2009, when it was reported that Roma children are
9
http://www.mcms.org.mk/en/our-work/research-and-publications/740-barometar-za-ednakvimoznosti.html
36

38.
segregated in Bitola and forced to be enrolled only in one
school10
77
Table 2 presents results from the Survey of FCEWM 11:
QUESTION
Have you been oppressed in some
situations and why?
Do you feel discrimination based on
gender?
ANSWER
44% because of age
17% because of ethnic background
16% because of gender
15% because of religion
19,1% female
12,2% male
Table 1: Data from Survey on Discrimination
Recommendation 9:
To adopt comprehensive anti-discriminatory legislation in accordance
with the requirements of the EU (European Council Directive
2000/43/EC) and the CRC and other international instruments, this will
help implement the principle of equality of all people, including children.
It is necessary to pay more attention in the education process to raising
awareness of the pedagogical staff and students on issues of (non)
discrimination, since only 1.3% of children are familiar with the right to
equality.12
5.2 The best interest of the child (Article 3)
78
Macedonian legislation contains an explicit commitment that
should be taken into account regarding the protection of life and
development of the child, protecting the best interest of the child,
providing a minimum standard for every child under equal
conditions, excluding any form of discrimination, respect child’s
right to freedom and security of the person, personal opinion and
free expression, association and education, environment for healthy
10
Helsinki Committee
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
12
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
11
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39.
life and achievement of other social rights and freedoms of the child
(Law on Protection of Children, Article 3-a)
79
Unfortunately, this provision is not contained in the Family Law
which regulates many important questions for the assessment of
best interests of the child (parental rights, family relations, divorce
of marriage, adoption, custody, etc.)
80
One of the most referred institutions that are supposed to care for
the best interest and protect children's rights is MLSP and CSW
within its jurisdiction. The experience of NGOs in collaboration
with centres and ministries indicate some objective and subjective
difficulties in carrying out the work and based on this, there is a
perception that they lack capacity, knowledge, willingness and
desire to actually carry out duties that are conferred to them with
respect to the children.13
81
In terms of their passivity and inability to protect children's rights,
the Helsinki Committee has already issued special reports on the
rights of the child14, and individual cases were often published in
their monthly reports15.
82
Also, there are numerous cases where CSW only formally
adopted a Decision to meeting the child with one of the parents,
while it is given to the custody and education of the other, which
gives an example where no consideration is being taken for the best
interest of the child. In most cases that are reported to Helsinki
Committee and FCEWM there has been violation of the right of the
child to meet with the other parent.
Recommendation 10:
 Legal regulation on the need for compulsory employment of
social workers and special educators in schools
 Full equipping of professional teams in all CSW
13
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=3ABD2483D6BBF24AB5BC6CBE3FA72F64
14
Helsinki Committee
15
http://www.mhc.org.mk/default-en.asp
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40.

Centres for Social Work should be present on the field at all
dysfunctional families and families at risk in order to prevent
violence which children suffer
5.3 Right of Child to participation and respect of child’s opinion
(Article 12)
83
There are a number of legislative changes that anticipate child's
right to participation. Despite these legal provisions, the legislation
of the Republic of Macedonia has not yet ensured consistent
application of Article 12 of the Convention. As a result, the child is
still not treated as subject of rights, but largely has passive object
role, whose rights and interests depend on parents, guardians or
state authorities.
84
In the Family Law, there is no legal obligation for the child to be
interrogated when a decision for his deprivation from one of the
parents is taken, or when the decision is taken where the child will
belong if the parents are not living together or they divorce.
85
The obligation to consult a juvenile regarding medical
interventions on him is not anticipated in the legislation of RM,
taking into consideration his age and maturity. Namely, Article 50
of the Law on Health Protection stipulates that surgical and other
medical interventions are undertaken only upon written consent of
the sick person or the parent or guardian if it is juvenile or deprived
from working capacity. It is an important issue related to health and
life of the juvenile, and therefore juvenile’s consent on medical
interventions, taking into consideration his age and maturity, should
be envisaged.
86
In the Law of personal name, it is envisaged that changing the
name of the juvenile shall be made at request of his parents, or
guardian. A juvenile over 10 years old shall agree on the change of
name, but cannot itself initiate procedure to change the name. This
solution is illogical, especially if you bear in mind that a juvenile
who have turned 16 years old is permitted marriage, which has far
greater consequences than a change of name.
39

41.
87
One of the main problems for the application of Article 12 of the
Convention in our country is lack of legally envisaged obligation for
parents to consult the child when taking decisions for him and his
interests. On the other hand, it must be highlighted that there are
different forms of child association (Children's Parliament, school
boards, Children's Organization) which were established in order to
hear the voice of children on issues of their interest.
88
Children's Parliament as a non-profit association consisting of:
Children's Parliament of Macedonia - Skopje, ChP branches in other
cities of Macedonia as well as the clubs of young ambassadors,
parliamentarians in schools, in smaller places, villages and
settlements. Member of ChPM may be every child aged 12-19
years, with prior consent of the parents. ChPM has 42 ChP
throughout cities in Macedonia and 8 in Skopje with a total
membership of 8 - 10 000 members.
89
However, despite the existence of these forms, the child's right to
be heard is very rarely practiced in schools and wider. Table 3
below, is showing the Survey16 .
QUESTION
Is there Children’s Parliament in
your vicinity (organization or
debate circle or other forms of
association of children)?
Do you think that Children’s
Parliament contributes to the
improvement of children’s rights?
ANSWER
19,8% YES
33% NO
47% DON’T KNOW
34% out of 19,8% children that
are familiar with this institution,
consider that it contributes
Table 2: Data from the Survey on Children’s Parliament
Recommendation 11:
 Envisioning legal obligation for the child to be able to tell his
opinion in the procedures when the decision for deprivation
from one of the parents is taken, or when it is decided where the
16
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
40

42.



child will belong if the parents are not living together or are
divorced.
Inserting a provision in the Law on Family that parents are
obliged to consult and take into consideration opinions, attitudes
and desires of children, depending on their age and level of
maturity, when taking decisions on their behalf, on their rights
and interests.
The juvenile, depending on his age and level of maturity, to be
able to initiate procedures for changing his name on his own.
Envisioning in the Law on health care that surgical and other
medical interventions on juveniles, should be with the consent
of the juvenile as well, besides the consent of parents or
guardians, taking into account his age and maturity.
6. CIVIL RIGHTS AND FREEDOMS
6.1 Right to name and identity (Article 7 and 8)
90
Based on the report on conducted research (census) of children
who are not registered17; in RM there are children that are not
registered and children who don’t have appropriate documentation
for identification. Most of these children belong to the marginalized
groups (ethnic, social, status).
91
During the project lifespan there are 840 identified children who
currently do not possess Birth Certificates in the registry, 338 of
them are not registered or even not even reported. Out of the total
number of children who do not have certificates from the registry
(840), 62% are without certificates, 32% are children whose parents
or at least one of them have Macedonian citizenship, and 6% are
children whose parents or at least one of them have no Macedonian
Citizenship.
17
Report on conducted survey (census) for children who are not registered or doesn’t have
appropriate documentation from the registry Project Registration on birth, UNICEF implemented by
Centre for human rights and conflict resolution
41

43.
92
Key reasons listed for the occurrence of this situation are:
Lack of documentation of parents, lack of finances, parents living in
extramarital union without accurately stated reason, no check-out
lists from hospital, fear of punishment, ignorance, indifference of
parents, birth at home, lack of proof of paternity, lack of regulated
residence, ill-informed people, lack of time, travel expenses to
another city, long procedure for having documentation, nonregulated marital relationship, recently born child, the inability to
report the child because of illness, the request for determination of
DNA affinity, lack of information on the consequences.
93
Several major problems that this project was facing are:
 Discovery (identification) of children who are not registered.
According to previous experiences from the field, no
strategy for identifying children who are not registered is
currently developed and their discovery was accidental or as
a result of the current campaign (project) of an NGO
 There is no clear political willingness expressed to address
the problem and the Government is behaving in a passive
and nonchalant manner.
 Administrative barriers were associated to the treatment of
this service as non-priority and lack of staff support.
 Legal barriers were identified as significant obstacle.
 Lack of information among citizens.
94
As can be seen from the everyday field work, there are children
without documents, most of them Roma in Macedonia, a good
portion of them are not health insured, are not included in the
educational system, though the Laws of Health say that there can be
no citizen of RM without health insurance, education laws say that
no child that has reached the school age can remain outside the
educational system, without describing and taking into account that
there are children born and living in Macedonia that are outside the
educational system and health insurance.
95
On the other hand, according to information from NGOs
Mesecina, Gostivar, between 3000 and 5000 Roma, ethnic
Albanians and ethnic Turks on RM level still lack personal
42

44.
documents such as certificates from the birth registry and health
insurance or employment cards, which are necessary for social
security, health care and other social services.
96
Finding a way to report newborn among the poor is essential right
of the child, but also a place for access to service providers who can
use the contact to start a series of interventions for the poor who
have positive development outcomes for children and society as a
whole. There is no greater discrimination from this when the state
doesn’t find a way to resolve this issue several years now, and each
year civil society organizations, the European Commission and
other international organizations in Macedonia are alarming on this.
97
Each year, the recommendation is the same only figures are
changing. They are different only because families facing these
problems, they live and expand the family. Also, the question why
the state transfers the obligation only to the parents to report
children at birth remains. It is necessary to legally regulate the
obligation of the state and to envisage registration of a child by the
health institution in which the child is born, and in all other
circumstances to establish mobile teams on the field who will
monitor the situation and will perform the registration of the
children.
Recommendation 12:
 Extension of activities for identification of children who are not
registered in other municipalities and other ethnic backgrounds
 Initiating changes on laws towards facilitating the registration
 Electronic data gathering necessary for registration
 Establishing auxiliary services in municipalities for assistance
during registration
 Determining one-time stimulation packages for the first child
registration
 Establishing, equipping and education of mobile units within the
registry service
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45.
6.2 Freedom of expression (Article 12 and 13) and right to
information (Article 17)
98
The Law on primary and secondary education does not regulate
active participation of children towards forming their own opinion
and its expression. In this way, in Article 6 of the Law on primary
education, seeking the opinion of the child at times of transferring
from one school to another is not envisaged.
99
It is necessary to amend and supplement the Law on primary
education and the Law on secondary education in all parts which
envisage any form of association with active participation of
children, which would enable them exercise their right to express
their opinions.
100
Based on the new Law on associations and foundations,
FCEWM is advocating for children on the age of 15 to be able to
establish civic associations. By now, this law is offering this
opportunity to adults only.
101
The Council for radio diffusion (CRD) as an independent
regulatory body in the field of broadcasting is tasked to monitor the
work of electronic media, but on daily basis we are facing improper
TV content (with excessive violence) in terms of age and time of
broadcast that are potentially harmful for the development of
children. We are concerned that the CRD is rarely reacting on its
own initiative, respectively CRD reacts after the interventions of
civil society organizations for the rights of children18.
102
The radio program in Roma language in duration of 30 minutes a
day, respectively 3 hours and 30 minutes a week is not enough time
to achieve the purpose of information. In these time frames there is
not enough space for presenting children's shows.
18
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=23596F80219645408C2FDA8B899EEFCE
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=D8C3E28DCCF8324DA8313E52DBFD0815
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46.
103
The Survey19 conducted by FCEWM showed the following data:
QUESTION
Do you know the SOS phone
numbers where you can ask for
help?
Which telephone numbers offering
help are known to you?
Have you ever asked for help in any
of numbers offering help, if yes on
which ones?
ANSWER
60% are not aware
83% of interviewees know the
police number
30% of children have asked for
help in one of the telephones
offering help, out of which 76% to
the police
Table 3: Data from Survey on Telephones offering help
104
The Survey shows that 55-77% of children are well acquainted
with issues related to education, addictions, HIV/AIDS prevention
and transmitted diseases, culture and health. This statistics refers to
the children who are attending schools and who are part of city
families.
105
Children on street, vulnerable groups and children from rural
areas don’t have the benefit of information.
Recommendation 13:
 Strictly punish TV stations that do not adhere to the
mandatory policy for proper categorization of programs
aimed at underage audiences
 Free of charge broadcasting of contents on rights of children,
prepared by NGOs
 Adopt Law on protection of children in electronic, print and
online media
19
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
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47.
6.3 Freedom of thought, conscience and religion (Article 14)
106
The introduction of new curricula in this area were not followed
by durable explanation of the basic reasons why the changes are
undertaken, which are the benefits and objectives, whether teachers
were sufficiently explained what they are expected to achieve in
their implementation, whether personnel real potentials were taken
into account, the specificities of the schools? Moreover, the
question is whether they are striving to the needs of a student of
certain age, with insufficiently shaped potentials and interests in
order to be able to successfully accomplish his own physical,
emotional and social development and successfully continue his
education, so he can achieve his religious belief at certain level of
his own self-development?
107
Ministry of Education and Science (MES) on 08.07.2008 (during
school/annual vacation) sent a written message to all primary
schools, whose subject was Obligation, where competent personnel
in schools are obliged together with class teachers of students who
completed fourth grade in the 2007/2008 academic year, to hold
parents meetings with parents / guardians of these students until the
11/07/2008. During these meetings Survey sheets will be completed
(prepared by them and sent attached to the letter). With this they are
supposed to make a choice of two optional subjects- one of the
anticipated for religious education or introduction to religions.
Furthermore, it obliges them to submit to MES, Department of
Elementary and Secondary Education, the summary of gathered
results of selected optional subject in the fifth grade for the year
2008/2009, until 15.07.2008.
108
There was no explicit explanation from the Government of RM
and MES, which were the reasons for such deadlines, which were
the reasons for the acceleration of the overall process of reform and
whether such reforms were needed in the educational system of our
country and this just in elementary school and just at that time, with
no particular in-depth analysis of needs and interests?
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48.
109
Despite the decision of the Constitutional Court of RM which
abolished the introduction of religious education, the Government
of RM and MES quite rapidly, unsystematically behind closed doors
and away from the eyes and opinions of the professional and
general public, particularly the away from the most interested
subjects - parents and children , contrary to all domestic and
international documents and recommendations, again quickly
pushed religious education in primary, softened with one optional
subject "Introduction into the religions" that remained hidden
somewhere behind the stage, as it were all to propagate religious
education.
110
With the introduction of the subject Religious education, the
right of child for its own opinion and relief was not observed.
Namely, with this decision MES, referring to the right of religion
invoked fragile inter religious and religious intolerable relations.
Namely, instead of bringing children together and making them
knowing each other, they began to be divided based on religious
grounds.
Recommendation 14:
Children shall freely and based on their belief learn about religion in
religious schools, but not as part of mandatory primary education.
6.4 Freedom of association and peaceful assembly (Article 15)
111
According to the Law on Citizen Associations and Foundations
children can join or cease to be members of civic associations. The
new proposed law envisages provision for children of 15 years old
to be able to establish civil associations. It will contribute to hear
the opinion of children and also to enable their participation in
policy making that concerns issues of their interest.
112
This enables participation of children in civic sector and their
active participation, enabling children with special needs to
participate in the defence of their rights and act actively in the civic
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49.
sector, but the legislation lacks regulating the right of children to
strike as well as the right of children to peaceful assembly.
113
Unfortunately, the Ombudsman almost never participates in
informing children about their rights and there is low interest among
the educational staff to inform children about their rights.
Recommendation 15:
Legal adjustment of the right of the children strike, as well as the
right to peaceful assembly.
6.5 Right to Privacy (Article 16)
114
The Constitution of RM guarantees the security and
confidentiality of personal data and supervision of the legality of
processing and data protection is carried out by the Directorate for
Personal Data Protection. However there are cases of violation of
personal identity, and thus a violation of the privacy of children. 20
115
Review of Protection of Privacy within the family, school, state
institutions and media.



There is some progress within the family but yet there are
families where there is disrespect of the privacy of children.
This is confirmed by the Survey21 in which the question of
which rights are not respected in your family, 59.8% of
respondents said that their right to privacy is not respected.
The situation within schools in this field has seen
improvement, but needs further work. Teachers should be
more discrete in the section of their behaviour toward
children respectively announcements in certain adverse
situations. (e.g., tell the whole class that this child cannot be
expected to perform better because his father is the same)
In public institutions proceedings are secret, but we believe
that there should be greater protection of personal data, in
20
See Protection of privacy
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=862D8413F56DC242A8469C4ECF8E95C1
21
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50.

this respect these data shall be available only to officials
who are directly involved in the proceedings.
The media should pay more attention while reporting about
violation of children's rights. Drafting of the Code for
journalists in reporting violations of the rights of children
with emphasis on cases of sexual abuse of children and
paedophilia is in process.22
.
116
Journalists should respect the right of privacy of the child,
especially child victims of human trafficking. Journalistic practice is
reporting about identified juvenile victims of human trafficking in
prime time evening schedule, while publicly announcing the initials
and place of residence and place of the reference.
117
This year we have received a report of a case of young people
who tell about their own examples of abuse via the Internet:
 On their e-mail address through Hi5 profile (identity
theft – password cracking and sharing information which
are not produced by the owner of the address)
 Through Hi5 profile (unknown person with someone
else’s image presenting himself as owner of the address)
 Examples in the course of education in schools
throughout Macedonia, where children and youth are
telling experiences of cracked passwords, friendship
invitations with “online friends”, usage of images on
someone else’s behalf, etc.
118
In our country there are no specific studies and statistical data of
this kind, but yet there are records of many of the received reports.
Recommendation 16:
To establish regulatory body for control over the print media
To increase the power of the Council for radio-diffusion
22
http://www.childrensembassy.org.mk/defaulten.asp?ItemID=AE4E3FAAF8787E4A9926AA3A18F976BA
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51.
6.6 Protection from torture or other rough, inhuman or degrading
treatment or punishment (Article 37a)
119
In 2008, the European Committee for Prevention of Torture and
Inhumane or Degrading Treatment or Punishment announced that in
Educational-Correctional Institutes, several juveniles were stating
that they were beaten by prison guards with batons, and a
considerable number of them asked the delegation to remove the
batons from the premises. The same case was during the visit in
2006, the delegation saw that batons and handcuffs are being kept in
personnel offices (in an open area in the office of
detention/isolation).
120
Besides the possible indications of torture against children in
closed institutions, we often encounter numerous complaints by
citizens that their children are harassed by the police. Nearly out of
all those procedures, the final result, is receiving a response from
the Department for Internal Control and Professional Standards that
complaints from citizens submitted to them are groundless and that
the use of force is justified.
121
The Police and places where children are imprisoned represent
institutions that should take good care to protect the rights of the
child based on Articles 37, 39 and 40 of the Convention on the
Rights of the Child. In practice, the absence of specific obligations
and procedures in dealing with children (in the regulation related to
the operation of the police) and the lack of enforcement of
minimum standards contained in the laws governing the
accommodation and treatment of children in closed institutions,
represent a cause for great number of violations of children's rights
and endangerment of their life and development.
EXAMPLE 3:
MOI is directly responsible for the case involving children, XX and YY.
According to available data to the Helsinki Committee23, the police, at no
time during their treatment regarding this case, didn’t take into account the
23
http://www.mhc.org.mk/defaulten.asp?ItemID=6A520A72E13A2146BACE0BAF78CDAD11&arc=1
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52.
fact that it is about children and that all actions undertaken in the
investigation for the death of the XX and treatment of surviving child
(which appears in his capacity as a key witness, as well as a victim of the
case) should be guided by the Convention on the Rights of the Child
The actions of the police should be watched through the prism of the
Convention:
* in the process of identification and pursuing of children
* not offering appropriate assistance
* the treatment of the detained child in the police and later on during the
investigation (where no support was offered to him by social worker,
psychologist or doctor)
* lack of appropriate search after the missing child (which leads to
absolute disinterest about his fate based on discrimination or attempt to
hide the traces of criminal act)
* insufficient engagement of the Sector for Internal Control and the
Institute of Court Medicine to enlighten vague moments in the case
122
Moreover, in the proposal of the new Law on Police, precise
provisions that would regulate the police in handling cases
involving children are lacking (whether it is about suspects or
victims and witnesses to committed crimes).
123
The absence of such provisions means absence of awareness of
the police for special treatment that children should recessive, the
absence of precise procedure of reporting and referring to
accountability, problems of proving and impunity of inappropriate
treatment.
124
The issue of mixing detained children with adults is evident,
even though according to the law their separation is envisaged.
Recommendation 17:
 Establishing independent body to control the work of the
police out of the MOI frames
 Conducting an efficient investigation always when there are
indications of torture or any other rough, inhumane or
degrading or humiliating treatment or punishment
 Amending and supplementing the Law on Police with
precise provisions which would regulate police interventions
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53.

in cases where children are involved (whether it is about
suspects or for victims and witnesses of committed criminal
acts).
Establishing a special object where children would serve
their detainment, in no way together with adult detainees
6.7 Children deprived of liberty and punishment of juveniles
(Article 37)
а) Educational and correctional facility - Tetovo
125
Educational Correctional Facility - Tetovo is half-open
institution and it dates from 1962. Educational Correctional
Facility- Tetovo, which is temporarily dislocated during armed
conflict in Macedonia (2001), is under the jurisdiction of the prison
“Skopje”. Material conditions are bad and do not meet minimum
standards. Juveniles in the facility for nine years are not strictly
separated from adults who are in prison Skopje and there is a real
opportunity for contact with adult prisoners.24
126
Juveniles residing in the facility must urgently be transferred at
another institution. We are emphasizing that this problem is present
for 9 years and there is no intention for its resolution in near future.
127
Besides the contact with adults, other detected problems in the
facility are the following25:


Juveniles situated in the facility are not being treated as
health insured persons, something that is against the
existing legal regulations.
The disciplinary measure “isolation” is being applied,
which according to the international standards represents
inhumane punishment and is against international
standards.
24
http://www.childrensembassy.org.mk/defaultmk.asp?ItemID=39F936505D9E6F4D8BAE7B9B5E76BD48
25
Хелсиншки Комитет
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54.




Rare visits of the CSW and almost total non-cooperation
with the facility, as well as the small number of judges
who are visiting juveniles and taking care of their
behaviour
Inability to effectively implement the purpose of
carrying out the correctional measures through existing
programs within the facility, with the ultimate goal of resocialization of juveniles and providing proper
development of their personality.
Children have only one room for all activities, which is
at the same time: day-care centre, classroom, workshop
for vocational courses and canteen.
Children have no place outside or inside where they
would spend their free time (there are no conditions for
physical activity, no library, no conditions for outside
activities).
128
These observations were obtained from the European Committee
for the Prevention of Torture and Inhumane or Degrading Treatment
or Punishment, which in its report for 2008 noted that: "In terms of
the Educational Correctional Institution, The Committee for
prevention of torture report on the visit of November 2002 criticized
the fact that juveniles were placed in the same building with adult
prisoners and were socializing with them in prison in Skopje. In
July 2008, the situation remained the same. Furthermore, the spatial
conditions, arrangements and agreement with the staff still do not
lead to the achievement of the goal: rehabilitation of juveniles. This
situation is totally unacceptable ... Immediate action, with no further
promises, is now needed in order to find a suitable alternative
facility. The Committee calls upon national authorities to act
accordingly”.
Recommendation 18:
 The facility has to be immediately dislocated at a location
which will be adequate for suiting of juveniles
 By the time of dislocation of the facility, male juveniles in
the educational – correctional facility has to be separated as
soon as possible from the adult inmates in the prison in
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55.











Skopje, and female juveniles from the female department of
the Correctional educational Institution (Idrizovo).
Good quality educational programs to be organized for
juveniles deprived from their liberty.
Continuous and mandatory training of personnel
Make immediate efforts for juveniles suited in the facility to
be covered with the Law on Health Protection and health
insurance, so they would be able to benefit from health
services from secondary and tertiary preventive protection, if
needed.
Continuous professional training, for all employees
including the wardens, for behaviour and control when
performing their official duties
Carefully selecting and hiring personnel according to their
personal maturity and ability to cope with the challenges of
the job, because they should be committed to working with
young people and be able to manage and motivate those
being under their responsibility
Regular and mandatory visits by judges and CSW
Using isolation as a disciplinary measure of juveniles should
immediately stop, because such a practice is inhumane
punishment and is contrary to international standards
Continuing with the good initiated practices on health
education through programs containing information on
infectious diseases, treatment and prevention in relation to
infectious transmitted diseases
Establishment of appropriate equitable mechanism which
would be outside the administrative authority of the facility
and fully independent in reviewing the complaints and
remarks of juveniles, which would be followed by taking
appropriate actions and controls
Macedonian authorities should allow NGOs to visit all
places for observation purposes. Visits should be regular,
unannounced, and organizations should be able to make
private conversations with people placed in the institution as
well as access to necessary documentation
Facilities for religious purposes shall be built, and
agreements with religious organizations shall be concluded,
54